Arizona

Criminal Procedure

Rule 11.2 – Motion for an Examination of a Defendants Competence to Stand Trial

(a)Motion and Order for Examination.

(1)Generally. At any time after an information is filed or an indictment is returned in superior court or a misdemeanor complaint is filed, the court may, on motion or on its own, order a defendant’s examination to determine whether the defendant is competent to stand trial.

(2)Motion to Determine Competence. The moving party or the court must state facts for the requested mental examination.

(3)Parties Authorized to Move for Competence Determination. Any party, including a co-defendant, may move for a competence evaluation.

(4)Proposed Examiners. A party’s motion may include a list of 3 mental health experts qualified under Rule 11.3 to conduct the examination. Any other party may include such a list in its response to the motion.

(b)Medical and Criminal History Records. No later than 3 days after the appointment of experts, the parties must provide the examining mental health experts with all of the defendant’s available medical and criminal history records.

(c)Preliminary Examination. A court may order the defendant to undergo a preliminary examination to assist the court in determining if reasonable grounds exist to order the defendant’s further examination.

(d) Jurisdiction.

(1)Superior Court. The superior court has exclusive jurisdiction over all competence hearings except as provided in (d)(2). If a limited jurisdiction court determines that reasonable grounds exist for further competence hearings, it must immediately transfer the matter to the superior court for the appointment of mental health experts.

(2)Limited Jurisdiction Court. If the matter of a defendant’s competence arises in a misdemeanor case in a limited jurisdiction court, a limited jurisdiction court judge may hear the matter if the presiding superior court judge has issued an administrative order authorizing the limited jurisdiction court to do so.

(e)If Defendant Is Competent. If any court determines that a defendant is either competent or restored to competence, regular proceedings must proceed without delay.

(f)Dismissal of Misdemeanor Charges. If the court finds that a person has been previously adjudicated incompetent to stand trial under this rule, the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person under A.R.S. § 13-4504.

Ariz. R. Crim. P. 11.2

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 11.2, relating to motion to have defendant’s mental condition examined, was abrogated effective January 1, 2018.

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